Law:

Section:

(a) Adverse possession------- Plea of adverse possession in, respect of immovable property was declared as un-Islamic in terms of of Shariat Appellate Bench reported as 1991 SCMR 2063, which was to take effect from 31-8-1991---Said would not in any manner affect rights of parties which had matured prior to the date of its effectiveness---Party claiming to be owner of land vide sale-deed, could not simultaneously raise plea of ownership on basis of adverse possession since such pleas were mutually contradictory and destructive---In order to establish adverse possession one had to specify date of possession, nature in which it was acquired and overt act committed by him to show open and hostile possession and right against legal owners of the land. Mst. Asghari Bibi and 3 others v. Settlement Officer, Kotli PLD 1992 Azad J&K 29; Abdul Latif v. Abdul Qayyurn PLD 1992 Pesh. 103; Maqbool Ahmad v. Government of Pakistan 1991 SCMR 2063; Abdul Rehman and 12 others v. Muhammad Akram and 79 others 1999 SCMR 100 and Khuda Bakhsh and others v. Mureed and others 1999 SCMR 996 ref. (b) Specific Relief Act (I of 1877)--- ----S. 8---Suit for Possession---Plaintiffs had proved that they were legal heirs of deceased owner of suit-land being the sons of real maternal uncle of deceased owner---Plaintiffs, in circumstances, were entitled to possession of suit-land being lineal descendants of its deceased owner. Qazi Khurshid Alam for Appellant. M.A. Zafar for Respondents. Date of hearing: 10th January, 2002. JUDGMENT ABDUL SHAKOOR PARACHA, J.--- This is first appeal under section 96, C.P.C. filed by the appellant impugning the judgment and decree dated 8-1-1995 passed by the learned Senior Civil Judge, Bhakkar. 2. The dispute relates to the land measuring 4 Kanals, 9 Marlas situated within the boundaries of Municipal Committee, Bhakkar, and has been shown in the attached plan with the plaint. Mian Tufail Ahmad and Mian Bashir Ahmad son of Mian Saeed Amir, plaintiffs-respondents filed a suit for possession of the aforesaid land. It was the case of the plaintiffs that they are legal heirs of Mst. Soodan: The said Mst. Soodan purchased the above-stated land vide registered…

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